480-154CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-154
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 1.4065
ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, TRACT 3B2, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "C-3" GENERAL COMMERCIAL
DISTRICT; SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the coaununity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being a 1.4065 acre tract of land situated in the Samuel Freeman Survey, Abstract
' ' ' hi i "A"
No. 525, Tract 3B2, and more fully and completely described ur Ex b t attached
hereto and incorporated herein, from "AG" Agricultural to "C 3" General Commercial
District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in 'all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate fight and air; to prevent over-crowding of land;
to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development of
the commumty. They have been made after a fi_dl and complete hearing with reasonable consideration
among other things of thc character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land tliroughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repe',d any of the provisions of said ordinances except
in those instances where provisions uf those ordinances are in direct conflict with the provisions of
this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enfnmement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violalion is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlakc are expressly saved as to any
and all violations nf the provisions et' Ordinance No. 480, as amended, or any other ordinances
alt'ecting zoning wh/ch have accrued at the time of thc effective date of this ordinance; and, as to such
accrued violations aud tdl pending litigation, both civil and criminal, whether pending in court or not,
nnder such ordinances, sa~ne shall not be ~fffected by this ordinance but may be prosecuted until £mal
disposition by thc courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
prnposed ordinance or its caption and penalty together with a notice setting out the time and place
tbr a pubhc hearing thereon at least ten (10) days before the second reading of this ordinance, and
ff t~$ ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the I st reading ~95.
&/
ATTEST:
CITY SECRETARY
PASSED AND APPROVED un the 2nd reading the ~_ day of;~~, 1995.
ATTEST:
~ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EXHIBIT "A"
SITUATED in the City of Southlake, Tarrant County, Texas, and being a tract of land
in the SAMUEL FREEMAN SURVEY, Abstract No. 525, and being a portion of that certain
tract conveyed to Belle Lidster by deed recorded in Volume 1768, Page 84, of the
Tarrant County Deed Records, and said portion being more fully described as follows:
BEGINNING at a 1/2" iron rod found in place near a fence corner for the northwest
corner of said Lidster tract, and the southwest corner of that certain tract conveyed
to James Henry L. and Frances Angie Winfrey by deeds in Volume 4727, Page 241, and
Volume 3474, Page 593, of said Deed Records, said point being by description 302.2
feet East and 129.3 feet North of the southeast corner of the Thomas Mahan Survey,
Abstract No. 1050;
THENCE North 89 degrees, O0 minutes, 40 seconds East (East, 125 varas by Lidster
deed; S 89° 06' W per Winfrey deeds) with the north line of said Lidster tract and
the south line of said Winfrey tracts, 346.82 feet. to a 5/8" iron rod found in place
for corner in the west line of Bluebonnet Drive (variable width right-of-way);
THENCE South I degree, 10 minutes, 05 seconds West with said west line of Bluebonnet
Drive, 239.60 feet to a Texas Department of Transportation monument at the point of
intersection of said west line of Bluebonnet Drive with the northerly line of State
F. M. Highway 1709 (130 foot wide right-of-way at this point), said point being the
northeast corner of that certain parcel conveyed to the State of Texas by deed
"ecorded in Volume 9816, Page 560, of said Deed Records;
THENCE North 70 degrees, 47 minutes, 10 seconds West (base bearing from Texas
Department of Transportation and State of Texas deed, N 70°47'12" W, 213.73 feet)
with the northerly line of said State of Texas tract and said F. M. 1709, 213.68 feet
to a Texas Department of Transportation monument found for the beginning of a curve
whose center bears South 19 degrees, 14 minutes West, 1974.86 feet;
THENCE .northwesterly with said curve, continuing with said northerly line of State of
Texas tract and F. M. 1709, a distance of 145.23 feet (per State of Texas deed) to a
5/8" iron rod set for the northwest corner of said State of Texas tract at the point
of intersection of said northerly line of F. M. 1709 with the west line of said
Lidster tract and the east line of that certain tract conveyed as Tract I in deed to
Conner Lam recorded in Volume 6462, Page 380, of said Deed Records, and also in deed
recorded in Volume 8118, Page 1155, of said Deed Records;
THENCE North 0 degrees, 38 minutes, 30 seconds West (North per Lidster deed; S 0o54'
E per Lam deed) with said west line of Lidster tract and east line of Lam tract,
120.50 feet to the PLACE OF BEGINNING, and containing 61,266 square feet (1.4065
acres).
Page 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TUC. STATE OF TEXAS
Inty of Tarrant
Before me, a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESO; _�. + TOTAL RAC AMOUNT
FEB 163126831ICL . 358 1X77 L 7? . 46 35 . 42
feb 10
P . O . it ORD #480-154
CITY OF
SOUTHLAKE TEXAS
ORDINANCE t40.480-154
AN ORDINANCE AMEND-
ING
ORDINANCE NO. 480, -- ---- ----
AS AMENDED THE COM-
PREHENSIVELONINGOR-
D INANCE OF THE CITY OF
SOUTHLAKE TEXAS-
GRANTING A ZONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS IN SACRES -
TATED IN THE SAMUEL
FREEMAN SURVEY, AB-
..........._�_.. ..............._ ............_.__ .._._......_-_......-..-...._.
STRACT NO. 525 TRACT SIGNED S
3B2 AND
MOERE FULLY
SCRIBED IN EXHIBIT"A" ORE ME, THIS THE 10TH D Y OF FEBRUARY, 1995
JBSCRIBED A ' DV
'AO' AGRICUL-
TURAL TO "C-3" GENER- NOTARY PUBLIC
AL COMMERCIAL DIS- - —
TRICT SUBJECT TO THE (
SPECIFIC REQUIRE-
MENTS CONTAINED IN
THIS ORDINANCE COR- TARR NT COUNTY, TEXAS
• - -RECTING THE OFFICIAL
ZONING MAP- PRESERV-
ING ALL OTHER POR "�'�' •'�-"+'r>"•
TIONSOF THE ZON I NG OR
DINANCE-DETERMINING ;;1 Ilera ndez
, HATTHEPUBLICINTER
IT - -- - - -_-
EST MORALS AND GEN- j0(1 Expires
Q��', 'ERAL WELFARE DE-
MAND THE ZONING „
!CHANGES AND AMEND- :I:J 14, I948
CITY SE A ,!� MENTS HEREIN MADE,-
PROVIDING
�.� i'� ORDINANCE E SHALL T THIS
` W‘e'
'CUMULATIVE OF ALL OR-
SSEVEfRABILIRTY CLLAUSE
PEN-
ALTY FIOR VIOLAT ONS RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
-- HEREOF; PROVIDING A
SAVINGS CLAUSE, PRO-
VIDING FOR PUBLICA-
TION AN THE OFFICIALRO- REMIT TO : 400 W . SEVENTH, FW , TX 76102
TIONSINPER AND PRO-
VIDING AN EFFECTIVE
DATE-
Section 7.Any person firm 7 1 1-2051
Fort worth or corporation who violates, �,Epf1T TO: R,� spp��yyxT, gywp
disobeys, omits, mentof n agram �, I T,7C IC ll ll/l 71 7171 71/� Jl
refuses To comp l y with or who
resists the enforcement of any
of the provisions of this ord- ACCOUNT AMOUNT
Hance shall be fined not more C I T 5 7 DUE 35 . 42
312 6 8 31 than Two Thousand Dollars NUMBER
fS2,000.001 for each offense.
EEach day that a violation Is
perms stteepdtoexistshallconsti-
i PASSED AND APPROVED �j 1
BY THE CITY COUNCIL OF
THE CITY OF SOUTH-
LAKE THIS THE 7TH DAY
OF FEBRUARY,1995
Gary Fickes,
Mayor of Southlake
Attest:Sandra L.LeGrand,
City Secretary
Approved as to form:
E.Allen Taylor Jr.,
City Attorney
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 35 . 42
SOUTHLAKE TX 76092-9595 THIS AMOUNT ►
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tort Worth tar1ëIegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
---- STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE_ AMOUNT
JAN 22 ' 3115777ICL . J58 1X74 L 74 . 75 55 . 50
JAN 2P
I P . O . # ORD 480-154
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that the CIty Coun-
cil of the City of Southlake,
Texas,will beholding a Dubilc
hearing during the Regular - - -- - - - -
held onFebrr��l1arryy 7 n19915 be-e-
glnnin at7:0UD m the meet
Ing will be held In the City
Council Chambers ar of Citye- I
Hall,667 North Carroll Ave-
nu South lake, Texas. The / / /
o purpose of the public hearing
...-Xleieltr-.......
Sto consider the fDllowingor SIGNS ►
dlnance: CITY OF
IBSCRIBED AND SWI SOUTHLAKE TEXAS ME T IS THE 23'I. DAY OF JANUARY, 1995
ORDINANCE SOUTHLAKE,TEXAS
AN ORDINANCE AMEND- `
ING ORDINANCE NO. 480, ! NOTARY PUBLIC leg
i AS AMENDED THE CCOM-
d
PREHENSIVELONINGOR-
DINANCE OF THE CITY OF
SOUTHLAKE TEXAS
GRANTING A ZONING TARRANT COLNTY, TEX
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY r„
OF SOUTHLAKE, TEXAS
BEING 1.4065 ACRES SITU-
ATED IN THE SAMUEL
AB-
OF ICE OF FREEMAN SURVEY AB
STRACT NO. 525 TRACT '1
382 AND MORE FULLY f
C1TY EC,.ETARY AND COMPLETELY DE• },�«��+ �„SCRIBED IN EXHIBIT"A' ' + QC,,;
FROM AG' AGRICUL- .r• i'
TURAL TO ERCI GENES- r.-Ji;A a4r,a.tO�Q.1.4.�O �yA
AL COMMERCIAL DIS-
TRICT SUBJECT TO THE
TEAR AL( SC REQIUITOTHESS Corgi- AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
TAINED IN THIS ORDI-
NANCE CORRECTIN
THE OFFICIAL ZONING
MAP• PRESERVING ALL
THEIR PORTIONS NANCE, E- REMI • • I 1 SEVENTH, FW, TX . 7b11 1
ZONING ORDINANCE,DE-
THAT THE-
Eort Worth PUBLIC
INTEREST MOR-
REIN ►REMIT TO: P.O. BOX 901051 •FORT WORTH,TEXAS 76101-2051
St LS AND GErIERAL ram
LFARE DEMAND THE XXXXXX XXXXXXXXXXX
N CHANGES AND
AMENDMENTS
DMENTS HEREIN
MADE PROVIDING THAT ACCOUNT AMOUNT
3115777 THIS ORDINANCE SHALL NUMBER DUE
ORDINANCESL PROVID CIT57 55. 50
ING A ABILITY
CLAUSE;;PROVIDING FOR
A PENALTY FOR VIOLA-
TIONSI HEREOF. PROVID-)1
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
V DING ANREFFECP VE
DATE. '
City of Southlake,Texas
eGrand
Sandra
ySecretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY , 55. 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED